IN THE COURT OF CONSUMER DISPUTE REDRESSAL COMMISSION

                     AIZAWL DISTRICT: AIZAWL.

                                           JUDGEMENT ORDER.

                                       CC No:45 of 2024.

Khawlthianga

K-18 College veng, Aizawl                  -                    Complainant.

          vrs                        

MS Septic Tank.

Armed Veng, Aizawl                           -                    Opposite Party

Date of hearing                                   -                  15.07.2024  

Date of judgement                              -                  21.08.2024           

                                                PRESENT

1.Vanlalmawia                                    -                  President

2.Esther Lalmuanthangi                       -                  Member

3.Zomuana                                         -                  Member

The complainant, Mr. Khawlthianga of K-18 College Veng, Aizawl, submitted his dissatisfaction with M.S. Septic Tank Service, whose services he availed to drain their septic tank on Dated 15th^/ March 2024, and Dated 9^thMay/2024.

The complainant stated that M.S. Septic Tank was engaged to drain/clear the septic tank on March 15, 2024, at the cost of Rs 9,000 (nine thousand). He admitted that while the septic tank was being drained, they could not monitor the process as they were busy with other activities. However, roughly one month later, the septic tank overflowed or filled up again. He was very skeptical, so he opened it and found that some portion of the waste/poo was still there at the point of the hole, and the other chamber of the tank was still full.

Following the advice of another Septic Tank Service, M.S. Septic Tank (the opposite party) was requested to clear it again. This was done in two trips, costing Rs 8,000 (eight thousand). However, the amount of Rs 8,000 was not paid despite repeated requests for payment.

The complainant asserted the following points:

Misleading advertisement: The service was not offered as advertised.

Rs 9,000 was paid in March 2024. It seems something was wrong as the tank overflowed again roughly one month later, on April 18, 2024.

He suspected that the door/manhole cover or the upper side of the septic tank was drilled.

The additional Rs 8,000 is unjustifiable, so they believe the service should have been covered by the initial Rs 9,000 paid on March 15, 2024.

In an additional affidavit submitted on July 5, 2024, the complainant demanded compensation for deficient service and unfair trade practices. He stated that the septic tank had an adjustable manhole cover that was drilled/penetrated, and the two trips were disposed of under direct supervision. Lastly, he requested compensation of Rs 9,000 for mental agony.

The opposite party, M.S. Septic Tank Armed Veng, Aizawl, submitted a written argument stating that the reason the tank was not fully drained the first time was due to their agreement. The septic tank had no soak pit facilities, which could lead to it overflowing again within two to three weeks. As predicted, the tank overflowed again, and they were requested to clear it. As agreed, the cost to drain the septic tank was Rs 4,000 per trip, totaling Rs 8,000 for the two trips. This amount was not paid to them. Despite waiting until dark, the complainant did not pay. Even after repeated requests, the complainant made various excuses, such as Gpay payment issues, waiting for salary credit, or medical causes. Therefore, the opposite party demanded the Rs 8,000 be paid.

Both parties were summoned for hearings on July 8, 2024, and August 29, 2024. After carefully studying and hearing both sides, the District Consumer Dispute Redressal Commission, Aizawl, found that Mr. Khawlthianga did not co-operate or monitor the septic tank draining on March 15, 2024. He also did not comply with making payment for the second drainage. At the same time, M.S. Septic Tank Armed Veng, Aizawl, did not perform professional services during the first drainage. Based on these observations and the written statements submitted by both parties, the District Consumer Dispute Redressal Commission, Aizawl, decided the following:

The complainant, Mr. Khawlthianga of K-18 College Veng, must pay Rs 4,500 (four thousand five hundred) to the opposite party, M.S. Septic Tank Armed Veng, Aizawl, within forty-five (45) days of the issuance of this order.

CC.No 45 of 2024 is disposed.

Give copy to all concern.

(VANLALMAWIA)

                                                       President

(E. LALMUANTHANGI )                                               (ZOMUANA)

          Member                                                                   Member

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

 AIZAWL DISTRICT: AIZAWL

Copy to:- 1. The President, State Consumer Redressal Commission, Aizawl.

      2. The Secretary, Food, Civil Supplies & Consumer Affairs, Govt of                Mizoram, Aizawl.

                3.The Director, Food, Civil Supplies & Consumer Affairs, Govt of                             Mizoram, Aizawl.

                4.Khawlthianga  K-18 College veng, Aizawl.

                5. MS Septic Tank Armed Veng, Aizawl.

(LALTANPUII)

       Peshkar to President,

 District Consumer Disputes Redressal Commission,

Aizawl District: Mizoram